IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.17841 of 2025 Date of Decision: 17.11.2025 _______________________________________________________ Jitender Kumar …….Petitioner Versus State of H.P. and another ….Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Kul Bhushan Khajuria, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocate Generals, Mr. Anish Banshtu, Deputy Advocate General. _______________________________________________________ Sandeep Sharma, Judge (oral): Petitioner herein, who at present is working as Lecturer(SN)Computer Science at Government Senior Secondary School, Hatwar, District Bilaspur, Himachal Pradesh, is aggrieved of order dated 07.11.2025 (Annexure P-1), whereby he has been transferred from afore school to Government Senior Secondary School, Deohari, District Kullu, Himachal Pradesh. 2. Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that petitioner, who is a Lecturer (Computer Science) could not have been transferred to Government Senior Secondary School, Deohari, Kullu on account of the fact that there is 1Whether the reporters of the local papers may be allowed to see the judgment? 2 no enrollment in IP (Information Practices) in Classes 11th and 12th . Learned counsel for the petitioner submitted that since more than 30 students are studying in Government Senior Secondary School Hatwar, Bilaspur in the subject of IP (Information Practices), coupled with the fact that there is mid academic session, it may not be in the interest of justice to transfer the petitioner that too, to a school where no students of his discipline is available. 3. Having regard to the nature of submissions made by learned counsel for the petitioner, this Court in pre-lunch session specifically called upon learned Additional Advocate General to have instructions. 4. Pursuant to the direction passed by this Court, Mr. Rajan Kahol, learned Additional Advocate General, has placed on record communication dated 17.11.2025, issued under the signatures of Director, School Education, Himachal Pradesh, which is taken on record. 5. Careful perusal of aforesaid communication reveals that 140 students were enrolled for the academic session 2025-26 in Classes 9 to 12. Many students were willing to opt IP as their subject, but due to non-availability of an IP Teacher, they could not opt for the same and as such, at present enrolment in IP (Information Practices) is nil. Learned Additional Advocate General, while referring to 3 aforesaid communication, submitted that on account of non- availability of Lecturer(Information Practices), more than 140 students did not opt for the subject of IP. He further submitted that petitioner has already completed normal tenure at present place of posting, no illegality can be said to have been committed by the respondents, while passing the impugned transfer order. 6. Though, careful perusal of the pleadings adduced on record clearly reveals that petitioner has already completed normal tenure of posting and there is requirement of IP Teacher at the transferred station, but once it is not in dispute that as of today, there is no enrollment in the subject of Information Practices in Classes 9 to 12, no fruitful purpose would be served by sending the petitioner to transferred station, rather in that eventuality, 30-40 students, who are studying at Government Senior Secondary School, Hatwar, Bilaspur, would be adversely affected. 7. Learned counsel for the petitioner, on instructions, fairly stated that since petitioner has already completed normal tenure at present place of posting, he is required to be transferred to some other station, but not during the mid academic session. He submitted that as and when academic session at Government Senior Secondary School, Hatwar is completed, respondents can transfer him to 4 Government Senior Secondary School, Deohari, Kullu or any other station where subject of Information Practices is available. 8. Having taken note of the fact that at present there is no enrollment in the subject of Information Practices at Government Senior Secondary School Deohari, Kullu, coupled with the fact that no teacher is being posted at Government Senior Secondary School, Hatwar, Bilaspur against petitioner, this Court is of the view that no prejudice, if any, shall be caused to either of the parties in case impugned transfer order dated 07.11.2025, transferring the petitioner from Government Senior Secondary School, Hatwar Bilaspur, is ordered to be kept in abeyance till completion of academic session. Ordered accordingly. Needless to say, instant order shall not be a bar for the respondents to pass fresh order, thereby posting petitioner in some other school as per requirement. Pending application(s), if any, also stands disposed of. (Sandeep Sharma), Judge November 17, 2025 (shankar)